{"id":1861,"date":"2020-11-12T15:35:48","date_gmt":"2020-11-12T14:35:48","guid":{"rendered":"http:\/\/www.balkan-conflicts-research.com\/archive\/?page_id=1861"},"modified":"2020-11-12T15:35:48","modified_gmt":"2020-11-12T14:35:48","slug":"shroud-of-secrecy-leaves-room-for-doubt-on-srebrenica-dna-evidence-2","status":"publish","type":"page","link":"https:\/\/www.balkan-conflicts-research.com\/archive\/shroud-of-secrecy-leaves-room-for-doubt-on-srebrenica-dna-evidence-2\/","title":{"rendered":"Shroud of Secrecy Leaves Room for Doubt on Srebrenica DNA Evidence"},"content":{"rendered":"
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Shroud of Secrecy Leaves Room for Doubt on Srebrenica DNA Evidence<\/strong><\/p>\n

by Andy Wilcoxson,\u00a0August 7, 2011<\/p>\n

A controversy surrounding DNA identifications made by the International Commission on Missing Persons (ICMP) of victims of the Srebrenica massacre has erupted behind the scenes in the war crimes trial of former Bosnian-Serb President Radovan Karadzic at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague.<\/p>\n

Last month, the ICMP issued a press release which claimed that \u201cBy analyzing DNA profiles extracted from bone samples of exhumed mortal remains and matching them to the DNA profiles obtained from blood samples donated by relatives of the missing, the International Commission on Missing Persons (ICMP) has so far revealed the identity of 6,598 persons missing from the July 1995 fall of Srebrenica.\u201d[1]<\/p>\n

The ICTY relied heavily on the ICMP\u2019s findings to convict the defendants in the Popovic trial on charges related to Srebrenica.[2] Prosecutors in the Karadzic trial also intend to make use the ICMP\u2019s findings. The Prosecution has announced that it intends to call the ICMP\u2019s Director of Forensic Sciences, Dr. Thomas Parsons, as an expert witness.[3]<\/p>\n

On July 23, 2009, Karadzic asked the Trial Chamber to \u201callow my experts to see every single piece of material, all the DNA analysis\u201d he said, \u201cmy experts cannot rely on newspaper information. They need to have the same material that the [Prosecution] experts were privy to in order to be able to see whether the facts were established correctly and whether the conclusions were established correctly. That\u2019s why my experts have to focus on the same body of material that their counterparts had. This is the only way. They must be able to see everything that the [Prosecution] experts saw and then they will be able to confront them with their expert views.\u201d[4]<\/p>\n

He explained to the court that \u201cWe want the entire material, and we will take a random sample and choose 300, and if there are major discrepancies among the 300, then we will broaden the sample and continue the procedure.\u201d[5]<\/p>\n

On February 10, 2010, Hildegard Uertz-Retzlaff the senior trial attorney for the Prosecution, sent a letter to Karadzic\u2019s defense explaining why his experts would not be allowed access to the ICMP\u2019s data. The letter said:<\/p>\n

\u201cThe ICMP is an independent third party organization with its own mandate. The Prosecution is unable to simply, \u2018contact the ICMP and disclose to the Defence for Mr. Karadzic the entirety of family DNA profiles held on ICMP databases.\u2019 In addition the Prosecution does not possess these databases and therefore is not in a position to disclose them.<\/p>\n

\u201cSecond, our understanding is that the ICMP has thus far declined to disclose to any party the \u2018entirety\u2019 of its family DNA profiles because this would constitute a breach of the assurances provided in the consent forms signed by the family donors. As discussed with your associate Mr. Sladojevic, the issue is not simply one of providing data \u2018without names\u2019, as donors have been promised that their DNA will not be disclosed, not merely that there names will not be disclosed or that any disclosure of DNA data would be anonymous.\u201d[6]<\/p>\n

Of course this only explains why the ICMP won\u2019t share DNA from the family members of the victims, not why it won\u2019t share the DNA of the victims themselves. Nobody ever promised the victims that their DNA would remain confidential.<\/p>\n

Aside from the question of whether the Tribunal ought to rely on DNA evidence that neither the Prosecution, the Defense, nor the judges have any access to, the pretrial judge, Ian Bonomy of Scotland, sided with Karadzic and conceded that \u201cthere must be some substance in the suggestion that the Defence should be able to run some tests similar to those done by the [ICMP] with a view to checking the accuracy of what was actually done by them.\u201d He said, \u201cI find it difficult to understand\u00a0that a person might consent to have material given to a Prosecutor and not realise that the inevitable result of that must be that the Defence would have a pretty strong claim at least for access to it.\u201d[7]<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n

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The Trial Chamber, which Judge Bonomy was no longer part of because he only sat on the pre-trial bench, issued an order on March 19, 2010 noting \u201cthe Accused\u2019s wish to challenge the conclusions reached by the ICMP\u201d and noting \u201cthe Accused\u2019s insistence that he should be provided with the entire family DNA database before he reveals to the ICMP the 300 cases he has selected because of his concerns about the ICMP\u2019s impartiality and suspicion that it would adjust the database in some way in order to ensure [DNA] matches in the 300 selected cases.\u201d<\/p>\n

The Order directed \u201cthe Accused to immediately complete his selection of 300 cases for further DNA analysis and provide the details of his selection to the ICMP, who will, upon obtaining the necessary consents, be in a position to supply relevant data from the family database.\u201d<\/p>\n

The Order, however, did not require the ICMP to provide Karadzic\u2019s experts with access to the complete database on the excuse that \u201cthe Accused has not established any basis for his concern that the ICMP would manipulate the database to strengthen its own conclusions.\u201d[8]<\/p>\n

The entire purpose of testing the 300 DNA samples is to \u201cchallenge the ICMP\u2019s findings\u201d. If they were falsifying their findings, it stands to reason that they would manipulate their database in order to prevent the deception from being uncovered.<\/p>\n

On July 28, 2011 Karadzic\u2019s defense team filed a brief explaining that \u201cThe testing procedure set forth by the Trial Chamber is its order has one fatal flaw. It allows the ICMP to, without detection, substitute the [DNA] electropherograms of other persons for those who the Accused selected as part of his sample … First, [the Defense] provides the ICMP with the name of a victim\u2014victim A.<\/p>\n

\u201cSecond, someone at the ICMP realizes that there is a problem with the identification of victim A and does not want this problem to be exposed.<\/p>\n

\u201cThird, the person at ICMP solves this problem by providing the defence with the DNA data for victim B, and his brother, representing it to be the DNA data for victim A\u00a0and his brother.<\/p>\n

\u201cFourth, Dr. Stojkovic [the Defense expert] examines the DNA data and confirms that it is a correct match\u2014the DNA of the victim matches the DNA of his brother.<\/p>\n

\u201cIn this way, the substitution of the DNA data remains undetected. Through this method, the results can be cheated or manipulated.<\/p>\n

\u201cTo prevent this, Dr. Karadzic requires the DNA data of all of the missing persons to be provided in advance. Then, he is able to add one more step to the testing process. After Dr. Stojkovic verifies the match between the Victim A and his brother, he will compare the DNA data of Victim A with the DNA data of Victim A from the database provided at the outset to verify that it is indeed Victim A\u2019s DNA that has been tested.<\/p>\n

\u201cWithout the ability to take this last step, there is no way for Dr. Karadzic to be sure that the DNA data provided for Victim A is indeed that of Victim A, and not Victim B.<\/p>\n

\u201cThat is why Dr. Karadzic insists on being provided with the unique DNA bone profiles and electropherograms of all of the missing persons before he makes his selection.\u201d[9]<\/p>\n

The Prosecution has adopted a hard line against independent verification of the ICMP\u2019s findings. They filed a brief against Karadzic arguing that \u201cIn light of the Accused\u2019s position that he has no intention of testing any samples provided to him under the procedure outlined in the Trial Chamber\u2019s Order on Selection of Cases for DNA Analysis … [the Prosecution] respectfully requests declaratory relief from the Trial Chamber in the following terms: a) The Accused is in breach of the Order; and b) The ICMP\u00a0is not obliged to provide 300 sample case files to the Accused under any procedure, or subject to any preconditions, outside the terms of the Order.\u201d[10]<\/span><\/p>\n<\/div>\n<\/div>\n

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One has to wonder why the ICMP gave the donors the expectation of confidentiality regarding their DNA samples in the first place. It seems irrational for anyone who isn\u2019t living in a hermetically sealed bubble to expect confidentiality given that people leave trace amounts\u00a0of their DNA everywhere they go and on practically everything they touch. A person\u2019s DNA is in every cell of their body and in virtually\u00a0every biological substance secreted by it. Forensic scientists can extract a person\u2019s DNA from the oils left behind in their fingerprints.[11]<\/p>\n

The ICMP was established in 1996 at the urging of the then US President Bill Clinton.[12] The Commission was described by Senator John Shattuck as \u201cA major U.S. initiative to support the peace and reconciliation process in the former Yugoslavia\u201d in his capacity as Assistant Secretary of State for Democracy, Human Rights and Labor in a speech before the U.S. Senate Foreign Relations Committee on May 12, 1998.[13]<\/p>\n

The chairmen of the ICMP have, without exception, been Washington insiders since its founding in 1996. The ICMP\u2019s first chairman, Cyrus Vance (1996-97) was the US Secretary of State under Jimmy Carter. He was succeeded by Bob Dole (1997-2001) the 1996 Republican presidential candidate and career politician who spent almost 30 years in the US Senate. In 2001 the U.S. Secretary of State Colin Powell handpicked James Kimsey (2001-2011) to head-up the ICMP. In 2001 Kimsey was succeeded by the former American ambassador to Bosnia, Thomas Miller (2011-current).[14]<\/p>\n

It should also be noted that the ICMP\u2019s lab operated for years without professional accreditation, and that the majority of identifications made by the ICMP were made before their lab obtained accreditation in late 2007.[15]<\/p>\n

Discrepancies have also been found between the ICMP\u2019s findings and the original military records of the Army of Bosnia-Herzegovina. The ICMP claims to have found the mortal remains of at least 140 soldiers in Srebrenica-related mass graves whose original military records listed them as having been killed months, and in many cases years, before Srebrenica fell. The Bosnian government has resolved these discrepancies by disavowing the accuracy of their original military records and amending them to match the ICMP\u2019s findings.[16]<\/p>\n

Imagine for a moment that the shoe were on the other foot. Imagine if somebody like former Russian President Vladimir Putin took the initiative to establish an NGO to investigate allegations of atrocities committed by an ally of the United States against an ally of Russia during a war where the Russians attacked the same American allies they sought to investigate. Now imagine that the chairmen of this NGO were all somehow connected to the Russian Foreign Ministry.<\/p>\n

In addition, let\u2019s suppose this NGO publishes findings claiming the American allies had massacred — let\u2019s say 6,598 people, and that they were able to conclusively prove this through DNA analysis in a lab that didn\u2019t have professional accreditation when most of the DNA identifications were made.<\/p>\n

Now let\u2019s suppose that American scientists ask to see the underlying DNA evidence upon which the Russian NGO\u2019s findings are based so that they can test it for themselves and verify the findings, but the Russians refuse to cooperate on the pretext that doing so would be unduly burdensome and a violation of the privacy rights of the victims and their families.<\/p>\n

If that happened, would anyone in the West believe the Russian NGO\u2019s findings? Not in a million years would anyone believe it. And if the Russians tried to use those findings as evidence in a criminal\u00a0prosecution of the political leadership of the accused American allies, they\u2019d be accused of staging a political show trial \u2013 and rightly so.<\/span><\/p>\n<\/div>\n<\/div>\n

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One can not claim with certainty that the ICMP is lying about the DNA identification of Srebrenica massacre victims, nor can anyone claim with certainty that they\u2019re telling the truth. That\u2019s the unfortunate position we find ourselves in today.<\/p>\n

What is significant is that the ICMP\u2019s founders and executives are closely linked to the American political establishment and that the ICMP will not permit independent scientific verification of its findings and the underlying data behind them. Their refusal to submit their data and their work for independent scientific review means that their claims cannot be falsified and it diminishes the weight that can be attached to them.<\/p>\n

[1] ICMP Press Release, July 10, 2011; http:\/\/www.ic-mp.org\/ press-releases\/613-<\/p>\n

srebrenica-victims-to-be-buried-at-a-memorial-ceremony-in- potocari613-srebrenickih-<\/p>\n

srebrenica-victims-to-be-buried-at-a-memorial-ceremony-in- potocari613-srebrenickih- zrtava-bice-ukopane-u- memorijalnom-centru-potocari\/<\/p>\n

[2] Popovic judgment para. 638-649, 659-664
\n[3] Prosecution\u2019s motion for admission of the evidence of eight experts pursuant to<\/p>\n

Rule 94bis and Rule 92bis; May 29, 2009
\n[4] Karadzic Trial Transcript; July 23, 2009 pg. 353 [5] Ibid.; Pg. 359<\/p>\n

[6] Prosecution\u2019s letter to Karadzic\u2019s Defense Team entitled \u201cResponse to your request for materials from ICMP during the recent status conference as well as Mr. Sladojevic\u2019s e-mail dated 29 January 2010\u201d dated February 20, 2010<\/p>\n

[7] Karadzic Trial Transcript; July 23, 2009 pg. 355-357
\n[8] Order on Selection of Cases for DNA Analysis; March 19, 2010<\/p>\n<\/div>\n<\/div>\n

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[9] Supplemental Response To Prosecution\u2019s Request For Further Orders: DNA Testing, July 28, 2011<\/p>\n

[10] Prosecution\u2019s Reply To The Accused\u2019s \u201cResponse To Prosecution\u2019s Request For Further Orders: DNA Testing,\u201d June 30, 2011<\/p>\n

[11] Charles Choi, United Press International \u201cDNA Extractable from Fingerprints\u201d, July 31, 2003<\/p>\n

http:\/\/www.upi.com\/Science_News\/2003\/07\/31\/DNA- extractable-from- fingerprints\/UPI-41021059658200\/<\/p>\n

[12] Aida Cerkez-Robinson, The Independent on Sunday, \u201cIn Bosnia, each funeral never ends; Bone by bone, victims of the Srebrenica massacre are being identified, pieced together and, finally, laid to rest.\u201d, July 12, 2009<\/p>\n

[13] Prepared Statement of John Shattuck Assistant Secretary of State for Democracy, Human Rights and Labor Before the Senate Foreign Relations Committee, May 12, 1998<\/p>\n

[14] Ibid.; See also: Deutsche Presse-Agentur, \u201cNew institute to speed up search for missing people in Bosnia\u201d, August 28, 2000; ICMP Press Release, \u201cICMP Chairman Ambassador Thomas Miller Visits ICMP HQ\u201d, July 15, 2011 http:\/\/www.ic- mp.org\/press-releases\/icmp-chairman-ambassador-thomas- miller-visits-icmp- hqpredsjedavajuci-icmp-a-ambasador- thomas-miller-u-posjeti-sjedistu-icmp-a\/ ; http:\/\/www.ic-mp.org\/ funding\/ ; and U.S. Department of State, Statement by Richard Boucher Spokesman, May 11, 2001 http:\/\/statelists.state.gov\/ scripts\/wa.exe? A2=ind0105b&L=dospress&P=2354<\/p>\n

[15] Popovic trial judgment, Para 645
\n[16] Prosecution\u2019s final trial brief in the Popovic Trial; paras. 1140-1141 and 3077-3078<\/p>\n

 <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Shroud of Secrecy Leaves Room for Doubt on Srebrenica DNA Evidence by Andy Wilcoxson,\u00a0August 7, 2011 A controversy surrounding DNA identifications made by the International Commission on Missing Persons (ICMP) of victims of the Srebrenica massacre has erupted behind the scenes in the war crimes trial of former Bosnian-Serb President Radovan Karadzic at the International … <\/p>\n

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